Amendment to the Safety, Rehabilitation and Compensation Regulations 2019
The Safety, Rehabilitation and Compensation Amendment (Period for Decision Making) Regulations 2023 (the Regulations) prescribe time frames for decision making under the Safety, Rehabilitation and Compensation Act 1988 (the Act) in relation to initial claims for workers’ compensation made under section 14 of the Act and for reconsiderations of determinations following a request made by a claimant.
The Regulations prescribe the following periods for decision-making:
- 20 calendar days for claims made in respect of an injury (other than a disease) or an aggravation of an injury (other than a disease);
- 60 calendar days for claims made in respect of a disease; and
- 30 calendar days to decide a request by a claimant to reconsider a determination.
The periods prescribed above in relation to initial claims do not include certain periods in which a determining authority is seeking further information or material in relation to a claim. These periods are specified in the Regulations. These ‘stop clock’ provisions do not apply to reconsiderations. The prescribed time frames apply to Comcare and to self-insured licensees.
The Regulations will take effect from 1 April 2024 and will apply to claims for compensation made under section 14 of the SRC Act, and requests for reconsiderations made under either section 38 or 62 on or after that date.
The Regulations and the accompanying Explanatory Memorandum can be found on the Federal Register of Legislation at: www.legislation.gov.au/Details/F2023L01692.
The SRCLA plans to seek further information about these changes and the implementation of the new guidelines from Comcare, and welcomes members to provide feedback or questions to email@example.com